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Ending FT tenancy. now Section 21&13 served. Confused! Help!

Hello all,

I sent an email to the managining agent of our rental stating that we were going to be delayed in leaving after our fixed term ended today and asked whether an extension until the 27th May would be ok with the landlord and we would pay the rent due as normal.

We also said that we would not require the whole month but of course happy to pay for the whole month.

I received a reply saying they would let the landlord know we would now be leaving on the 27th May instead.

I received another email about allowing viewings in our last month(which we already knew and have been asked once a month ago and wasn't followed up on)
and a further email from another member giving dates for viewings to chose from.

Today, hand delivered through the door is a section 21 giving us the two months notice to vacate on June 27th and a section 13 saying they are putting rent up to double what it is now.

They have not given back the deposit.

I am quite confused now!

I am worried that
1. My notice to them to move out on or before the 27th May that I sent, and from their replies I have assumed was set, but that now they have decided it is not set and I will be stuck paying rent for 2 more months

2. I will be expected to pay the new rent amount now.

3. Today, I believe would be the day to give notice to end on the 27th May if they have disregarded what I have already sent.

For clarification the fixed tenancy began on the 28th of the month. It ended today(27th) April.

Thanks for any help or guidance. If need be I will type something tonight and hand deliver it through their office doors!!

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 27 April 2019 at 8:06PM
    The landlord/agent is being cautious in case you do not leave in a month.
    Hello all,

    I sent an email to the managining agent of our rental stating that we were going to be delayed in leaving after our fixed term ended today
    so fixed term was till 27/4/19

    and asked whether an extension until the 27th May would be ok with the landlord and we would pay the rent due as normal.
    seems fine.

    We also said that we would not require the whole month but of course happy to pay for the whole month.
    seems fine.

    I received a reply saying they would let the landlord know we would now be leaving on the 27th May instead.
    So the agent agreed on behalf of the landlord

    I received another email about allowing viewings in our last month(which we already knew and have been asked once a month ago and wasn't followed up on) seems fine.
    and a further email from another member giving dates for viewings to chose from.seems fine.

    Today, hand delivered through the door is a section 21 giving us the two months notice to vacate on June 27th and a section 13 saying they are putting rent up to double what it is now.
    A S21 involves 2 months notice. By serving this now, if you do not leave on 27 May, the LL/agent will have provided around half the notice period required before going to court for possession.

    On the other hand, if you leave as planned on 27 May, the S21 will be just so much scrap paper.

    A S13 notice takes a month to apply, so again, provided you leave on 27th May it will have no effect - only if you remain after that.

    They have not given back the deposit.
    Of course not. You have not left and the tenancy has not ended yet.

    I am quite confused now! No need.

    I am worried that
    1. My notice to them to move out on or before the 27th May that I sent, and from their replies I have assumed was set, but that now they have decided it is not set and I will be stuck paying rent for 2 more months
    Not from what you have written. Just leave as agreed on 27th May.

    2. I will be expected to pay the new rent amount now. No

    3. Today, I believe would be the day to give notice to end on the 27th May if they have disregarded what I have already sent.
    They have already agreed to 27th May. If you want belt and braces, write short letter to confirm.
    The Section 13 Notice must provide the following details:
    • Details of the Landlord and/or his Agent
    • Details of the Tenant
    • Details of the Property
    • The amount of the increased rent and any other increased charges
    • The proposed commencement date

    When can the increase begin?

    The landlord must serve the section 13 to the tenant, giving the Tenant at least 1 months’ notice where the rent is paid on a weekly or a monthly basis. For a yearly tenancy, a period of six months’ notice is required before the increase can be put into effect.
    The rent increase must begin on the same day of the month that the tenancy started.
    https://www.propertyinvestmentproject.co.uk/blog/notice-of-rent-increase-form/


    Dear Mr landlord,
    Just short note following my email of xx/xx/19 to thank you for agreeing to allow me to remain until 27th May.


    As discussed, I am happy to facilitate reasonable viewings during this final month, and I appreciate your cooperation in this by arranging such viewings in advance so as to ensure they are mutually convenient.


    Yours sincerely,


    Mr Tailor
  • Just make sure you’ve given notice in writing so they can’t despute it.
    Email and then follow up with a letter if needed.
    That’s 1 month notice from the day you pay your rent which means you can go on the 27th May.

    Don’t leave it as they might hold you to another month
  • Thank-you so much! You are a super star!!

    The world is a better place for having people like you lurking on forum boards!!

    :beer:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I've editted my post 1 above
  • GDB2222
    GDB2222 Posts: 26,952 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would also send notice that you are going on 27 May.

    Is the double rent reasonable?
    No reliance should be placed on the above! Absolutely none, do you hear?
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